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Tender No. “BRC/EN/Vehicle Hiring/2017-18/26/768”

of 44 Signature of bidder for CPM/DFCCIL/BRC

SINGLE PACKET OPEN ONLINE E - TENDER

Tender No.: “BRC/EN/Vehicle Hiring/2017-18/26/768”

NAME OF WORK:: Hiring of Three number of commercial vehicle i.e. Innova or SUV type

similar model in price (with center lock & rear camera) & Five number of commercial field

vehicle i.e. Tavera or similar model in price (with center lock & rear camera) for Two years

under the jurisdiction of CPM/Vadodara

Approximate cost of work : Rs. 82,77,760.00

Earnest money : Rs. 1,66,000.00

Tender Fee : Rs. 5,000.00

Completion period : (Twenty Four Months)

Tender closing date and time : 27.02.2018 at 15:00 hours

Tender opening date and time : 27.02.2018 at 15.30 hours BID DOCUMENTS NOT TRANSFERABLE

Issued by : Chief Project Manager,

DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED;

4th Floor, A Block,

Narmada Nahar Bhavan (Sardar Sarovar Narmada Nigam Ltd., Office)

Channi Jakat Naka, Vadodara – 390 002

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Dedicated Freight Corridor Corporation of India Ltd. (¦ÉÉ®úiÉ ºÉ®úEòÉ®ú EòÉ ={ÉGò¨É)

(A Government of India Enterprise) , 4th Floor, A Block, Narmada Nahar Bhavan (Sardar Sarovar Narmada Nigam Ltd.,)

Channi Jakat Naka, Vadodara – 390 002



TENDER DOCUMENT

Tender No.: “BRC/EN/VEHICLE HIRING/2017-2018/26/768”

NAME OF WORK: Hiring of Three number of commercial vehicle i.e. Innova or SUV type




INDEX

Sr. No.

Description

Page No.

1 Forwarding letter by tenderer 3

2Inst

Instruction to bidders for Online bidding 4-7

3 Section -1; Not ice Invit ing Tender 8-9 4

4 Section -2; Invitation for Bid (IFB) 10

5 Section -3 ; Information & Instruction toTenderer(s) 11-16

6 Section-4: General Terms & Conditions of Contract 17-21

7 Section 5: Special Conditions of Contract 22-30

8 Section 6: Schedule of Approximate Quantities 31-32

9 Annexure

(i)Brief details of the bidder 33

(ii) Format for form of Agreement 34-35

iii)Bank Guarantee for performance Security 36-37

iv) Pre-Contract Integrity Pact 38-43

v)Check list 44



(A Government of India Enterprise) 4th Floor, A Block, Narmada Nahar Bhavun

(Sardar Sarovar Narmada Nigam Ltd Office)., Channi Jakat Naka, Vadodara – 390 002



To, Chief Project Manager

DFCCIL,

Vadodara

Forwarding letter by Tenderer

Tender No. : “BRC/EN/VEHICLE HIRING/2017-2018/26/768 ”

NAME OF WORK: : Hiring of Three number of commercial vehicle i.e. Innova or SUV type




1. I/We ………………………………………………………………… have read the various

condition of tender attached hereto and hereby I/We agree to abide by the said

conditions. I/we also agree to keep this tender open for acceptance for a period of 90

days from the date fixed for opening the same and in default thereof, I/We will be liable for

forfeiture of my/our ‘Earnest Money’. I/We offer to do the work as set out in the Bid

Document. I/We also agree to abide by the General condition of the contract and to carry

out the work according to special conditions as laid down by the DFCCIL Administration for

the execution of present contract.

2. A sum of Rs. 1,66,000.00 (Rupees One Lakh Sixty Six Thousand Only) has been

forwarded as Earnest Money. The value of the earnest money shall stand forfeited

without prejudice to any other rights or remedies if:

(i) I/We do not execute the contract agreement within 7 days of issue of the

acceptance letter by the DFCCIL Administration that such documents are

ready. OR

(ii) I/We do not commence the work within 15 days after receipt of orders to that effect.

3. Until a formal agreement is prepared and executed acceptance of this tender

shall constitute a binding contract between us subject to the modification, as may be mutually agreed to, between us and indicated in the letter of acceptance or

my/our offer for the work.



(A Government of India Enterprise) 4th Floor, A Block, Narmada Nahar Bhavun

(Sardar Sarovar Narmada Nigam Ltd. Office), Channi Jakat Naka, Vadodara – 390 002



Instruction to bidders for Online bidding General:- Submission of Online Bids is mandatory for this Notice Inviting Tender. E -

Tendering is new methodology for conducting Public Procurement in a transparent and

secured manner. Supplier / Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, DFCCIL has decided to use the portal

(http://www.tenderwizard.com/DFCCIL) of M/s. ITI a Government of India Undertaking. Benefits to Suppliers / service providers are outlined on the Home page of the portal.

Instructions:-

1. Online Bidding Methodology:

Online Bid System

2. Broad outline of activities from Bidders perspective:-

a. Procure a Digital Signing Certificate (DSC

b. Register on Electronic Tendering System (ETS) c. Create Users and assign roles on ETS

d. View Notice Inviting Tender (NIT) on (ETS)

e. Download Official copy of Tender Documents from ETS. f. Clarification to Tender Documents on ETS - Query to DFCCIL (Optional) - view

response to queries posted by DFCCIL through addenda. g. Bid Submission on ETS : Prepare & arrange all documents/paper for submission of

bid online and tender fees & EMD deposit on offline.

h. Attend Public Online Tender Opening Event (TOE) on ETS. i. Post TOE clarification on ETS (Optional) Respond to DFCCIL’s post - TOE queries.

j. Attend Public Online Tender Opening Event (TOE) on ETS

For participating in this tender online, the following instructions are to be read carefully. These

instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

Note 1:- It is advised that all the documents to be submitted (See clause 2 & 3 of section

Notice Inviting E - Tender) are kept scanned and converted to PDF format in a separate folder

on your computer before starting online submission. The price bid (Excel Format) may be downloaded and rates may be filled appropriately. This file may also be saved in a secret

folder on your computer.

Note2:- while uploading the documents it should be ensured that the file name should

be the name of the document itself.

3. Digital Certificate:

For integrity of data and its authenticity / non repudiation of electronic records and to be

compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC) of class III issued by a Certifying Authority

(CA) licensed by Controller of Certifying Authority (CCA) (refer http;//www.cca.gov.in).



4. Registration:

The Tender documents can be downloaded from the website: www.tenderwizard.com/DFCCIL

and to be submitted in the e - format. Cost of the Tender Documents and Bid Security have to

be submitted to DFCCIL’s office, Vadodara in the form of Demand Draft, Banker’s Cheque, FDR as per address given in the BID Documents before the schedule date & time of

submission of the tender otherwise the Bid will not be considered. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are

notified. It is the responsibility of the bidders who have downloaded the tender documents

from the website to keep themselves abreast of such amendments before submitting the tender documents.

Intending bidders are requested to register themselves with M/s. ITI through

www.tenderwizard.com/DFCCIL for obtaining user - id, Digital Signature etc. by paying

Vendor registration fee and processing fee for participating in the above mentioned tender.

5. DFCCIL, has decided to use process of E - Tendering for inviting this tender and thus the physical copy of the tender documents would not be sold / accepted.

6. To participate in E-tender, it is mandatory for Tenderer (S) to get themselves registered with the Tender Wizard and to have user ID & Password. Payment of registration fee can be

done through www.tenderwizard.com/DFCCIL

Help desk

Telephone / Mobile Number Shri Arvind Ojha 08000096726

Email ID- [email protected] Shri Suraj-09599653865/011-45424365

DFCCIL Contact -1

DFCCIL Contact Person Shri Rakesh Sharma

Telephone / Mobile No. 8511169047

E - mail ID [email protected]

DFCCIL Contact -2

DFCCIL Contact Person Shri Alok Gupta

Telephone / Mobile No. 8511131548

E - mail ID [email protected]

7.0 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION AS PER BID:- The bidder shall furnish, as part of his bid document establishing the bidders, eligibility. All these documents should be numbered and should be signed by bidder in each page. 7.1 The tenderer shall drop the Original DD of Bid Security (EMD) and Cost of Tender

Document have to be submitted in the tender box in DFCCIL office, Vadodara in the form of Demand Draft, Banker’s Cheque, FDR as per address given in Bid

documents before the scheduled date and time of submission of the tender otherwise

the Bid will not be considered. The tender processing fees as per applicable rate payable through the e - payment gateways to ITI limited is Non refundable

http://www.tenderwizard.com/DFCCIL

http://www.tenderwizard./

mailto:[email protected]

mailto:[email protected]



7.2 Tender documents (s) in original, duly filled in and signed by bidder or his Authorize representative along with seal on each page. All corrections and overwriting must be initialed with date by the bidder or his authorized representative.

7.3 Copy of PAN card

7.4 The authenticated copy of registered partnership deed and registration of the firm from registrar of firm in case of partnership firm.

7.5 In case of proprietorship firm bidder will submit and affidavit, attested by Notary Public that “I am a sole proprietor of the firm ____________________________________” in case of _______________________________ proprietorship firm on Non judicial stamp paper of Rs.100.00.

7.6 Bidder’s profile duly filled in, as per section -III of tender document

7.7 Power of Attorney

7.8 Article of association and memorandum in case of private/public limited company.

7.9 Copy of E.P.F. registration.

7.10 Copy of ESI Certificate.

7.11 Copy of service tax registration no.

7.12 Certificate for non near relative in DFCCIL

Note :-Any discrepancy found in the downloaded tender document submitted by the bidder

compared to uploaded tender document, the tender document uploaded by the DFCCIL will be

treated as valid and any changes(found in the tender document submitted by the bidder) at

any stage, will be treated as fraud done to the DFCCIL, and will be liable to cancellation of

agreement done (if any) and appropriate action will be taken against the bidder.

8.0 The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously

adhered to :

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS.

2. Register your organization on ETS well in advance of your first tender submission deadline on ETS.

3. Get your organization’s concerned executives trained on ETS using online training module well in advance of your tender submission deadline on ETS

4. Submit your bids well in advance of tender submission deadline on ETS (DFCCIL should not be responsible any problem arising out of internet connectivity issues).

Method for submission of bid documents

In this TENDER the bidder has to participate in e-bidding online. Some documents are to be

submitted physically offline mentioned below:

1) Cost of Bid Document

2) Bid Security / EMD

Note : The Bidder has to upload the Scanned copy of all above said documents during

Online Bid submission also.



9.0 Price schedule

Utmost care may kindly be taken to upload price schedule. Any change in the format of price

Schedule file shall render it unfit for bidding. Following steps may be followed

i) Down load price schedule part

ii) Fill rates in down loaded price schedule

iii) Save filled copy of downloaded price schedule file in your computer and remember its

Name & location for uploading correct file (duly filled in) when required.

Iv) Tenderer(S) should download 'financial_ offer xls' file, quote their rates in the

applicable field and save it. Tenderer(S) can upload the filled up financial_ offer xls' file.

Name of the downloaded financial_ offer xls' file must not be changed.

Other instructions

For further instructions, the vendor should visit the portal (www.tenderwizard.com/DFCCIL),

and login to it and upload documents of bid.

Important Note: It is strongly recommended that all authorized users of Supplier

organizations should thoroughly peruse the information provided under the relevant links, and

take appropriate action.



SECTION: 1

Dedicated Freight Corridor Corporation of India Ltd. (A PSU under Ministry of Railways.)

NOTICE INVITING TENDER

Tender No. No. DFC/BRC/Vehicle Hiring/2017-18/26/768

Sealed tender are invited by the Chief Project Manager, Dedicated Freight Corridor Corporation of India Limited Vadodara . On behalf of THE PRESIDENT OF INDIA from established and reputed contractors for the work as under:

2. Tender documents should be downloaded form he above website address

www.tenderwizard.com/DFCCIL up to 14.30 hrs of 27.02.2018 Rs.5000.00 towards tender fee

& Rs.1,66,000.00 towards EMD in the form of Demand Draft, Banker’s Cheque, Pay order,

FDR in favor of Dedicated Freight Corridor Corporation of India Limited, Payable at Vadodara.

issued by any Nationalized / Scheduled Bank to be deposited in the tender box kept in

DFCCIL unit office Vadodara as per address given in Bid documents before the scheduled

date and time of submission of the tender otherwise the Bid will not be considered/ shall be

summarily rejected.

1 Tender No. No. DFC/BRC/Vehicle Hiring/2017-18/26/768

2 Name of work Name of Work: - Hiring of Three number of

commercial vehicle i.e. Innova or SUV type similar

model in price (with center lock & rear camera) &

Five number of commercial field vehicle i.e. Tavera or

similar model in price (with center lock & rear camera)

for Two years under the jurisdiction of CPM/Vadodara

3 Duration of Contract Twenty Four Months

4 Estimated Cost of work Rs.82,77,760.00

5 Type of BID Single packet open e-Tender

6 Tender Fee Rs.5000.00

7 EMD Rs.1,66,000.00

8 Availability of Bid documents from

From 10:00 Hrs of 25.01.2018 to 15: 00 Hrs on 27.02.2018

9 Download bid document up to

14.30 hrs of 27.02.2018

10 Last date & time of online submission of Bid

Upto 15.00. hrs. On 27.02.2018

11 Date & time of online Opening of bid

15.30 hrs. On 27.02.2018

12 Validity of offer 90 (Ninety) days from the opening of tender

13 Address of Communication Office of The Chief Project Manager, Dedicated Freight Corridor Corporation of India Limited, 4th Floor, A Block,Narmada Nahar Bhavan (Sardar Sarovar Narmada Nigam Ltd.Office), Channi Jakat Naka, Vadodara-390002




The tender document are also be available from company’s website www.dfccil.gov.in

No tender document will be available offline. Downloading tender documents online and

submission of tenders online is mandatory for this tender.

Note :- Any further Addendums/Corrigendum for this tender will be posted in DFCCIL website

www.tenderwizard.com/DFCCIL only tendering portal website only. Interested bidders are

advised to check website for any Addendums / Corrigendum

http://www.dfccil.gov.in/




Invitation for Bids (IFB) SECTION: 2 Dear Sir, ……………………… Chief Project Manager, DFCCIL , Vadodara, for and on behalf of DFCCIL, invite in single Packets Open E- Tender system, from the tendering firms for hiring of vehicles. 2.0 Key Details of the Tender are as Under:

2.0 SCOPE OF WORK

2.1.1 The contractor will be required to provide stipulated quantities of specified field vehicles for stipulated time duration in perfect condition with drivers to DFCCIL on hiring basis.

2.1.2 The tender fee / EMD as per tender document is to be submitted separately in the Tender box kept in DFCCIL, Vadodara office.

2.1.3 Tender documents are also available on the official web site of DFCCIL i.e.

www.dfccil.gov.in for viewing only.

Sr.No.

Tender No. No. DFC/BRC/Vehicle Hiring/2017-18/26/768

1 Name of work Name of Work :- Hiring of Three number of

commercial vehicle i.e. Innova or SUV type similar

model in price (with center lock & rear camera) &

Five number of commercial field vehicle i.e. Tavera

or similar model in price (with center lock & rear

camera) for Two years under the jurisdiction of

CPM/Vadodara

2 Estimated Cost of work Rs.82,77,760.00

3 Completion Period Twenty Four Months

4 Cost of Tender Document Rs.5000.00

5 Availability of Tender document From 10:00 Hrs of 25.01.2018 to 15: 00 Hrs on 27.02.2018

6 Type of BID Single packet open e-Tender

7 Bid deposit / EMD Rs.1,66,000.00

8 Last date & time of online Submission of tender

Upto 15.00. hrs. On 27.02.2018

9 Date & time of online Opening of bid

15.30 hrs. On 27.02.2018

10 Validity of offer 90 (Ninety) days from the opening of tender

11 Address of communication Office of The Chief Project Manager, Dedicated Freight Corridor Corporation of India Limited, 4th Floor, A Block,Narmada Nahar Bhavan (Sardar Sarovar Narmada Nigam Ltd.Office), Channi Jakat Naka, Vadodara-390002




Information and Instruction to Tenderer(S) SECTION: 3

3.1 INFORMATION

3.1.1 E-Tender has been invited under ‘Single Packet’ system.

3.1.2 The Tenderer(S) can download the Bid document online from the website address

www.tenderwizard.com/DFCCIL as per the timings mentioned in SECTION- I of the

bid document.

3.1.3 Tender documents are also available on the official web site i.e. www.dfccil.gov.in.

3.1.4 The tender fee /EMD as per tender document is to be deposited in the tender box

kept in DFCCIL unit office Vadodara, as per address given in Bid documents before

the scheduled date and time of submission of the tender otherwise the Bid will not be

considered/ shall be summarily rejected.

3.1.5 The entire bid document shall be scan & uploaded online on the website. The hard

copy of those pages should be scanned after signed and stamped. Tender

document shall be accompanied the copy of Bid deposit in proper form, document

about the status of the firm such as Partnership deed etc., power of Attorneys;

documents in support of the of the Tenderer(S)/all the documents mentioned in

Annexure IV.

3.1.6 All Tenders shall be uploaded in accordance with the instructions contained in these

documents (hereinafter called as tender documents). Non - Compliance with any of

the instructions set forth herein above is liable to result in the tender being rejected.

3.1.7 A firm should submit only one offer against the E-Tender. In case, a firm submits

more than one Tender, such firm will be disqualified.

3.1.8 In preparing the Proposal, Tenderer(S) are expected to examine all terms and

conditions included in the document. Failure to provide all requested information

will be at own risk of the Tenderer(S) and will result in rejection of the proposal

submitted by the Tenderer(S).

3.1.9 If the Tenderer(S) deliberately gives/give wrong information in his / their tender or

creates circumstance for the acceptance of this / their tender, the DFCCIL reserves

the right to reject such tender at any stage.

3.1.10 The proposal shall contain no interlineations or overwriting, except as necessary to

correct errors made by the firm itself. Any such corrections must be initialed by

the person or persons who sign(S) the Proposals.

3.1.11 While quoting the online rates in bid sheet provided on website

www.tenderwizard.com/DFCCIL Tenderer(S) are expected to take into account the

requirements and conditions of the tender documents.

3.1.12 A master copy of the documents downloaded from the website mentioned above

shall be kept in the office of the tender inviting authority. In case of any discrepancy

between the tender document downloaded from the website and the master copy,

the latter shall prevail and shall be binding on the Tenderer(S). The offer received

shall be deemed to have been submitted on the document as uploaded and

appearing in the website mentioned above whose master copy is kept in the office of

the tender inviting authority and the agreement shall also prepared on the basis of

master document kept in the office of tender inviting authority.






3.1.13 The Tenderer(S) downloading the documents from internet must keep themselves

updated through the website from which the tender documents is downloaded

regarding corrigendum, if any, to the notice inviting tender or the tender documents,

which shall be uploaded in the same website only. The offers received without such

corrigendum published shall be liable to be rejected.

3.1.14 Any willful charges/deletion/addition in printing carried out in the tender documents

shall be viewed very seriously, whether detected at the time of opening/award of

tender or after award of work and the same may result in penal action such as

termination of contract, banning of further business with the defaulting Tenderer(S)

are liable to be prosecuted for the same as per law.

3.2 SUBMISSION OF TENDER

3.2.1 All Tenders shall be submitted online.

3.2.2 Venue of submission of tender :- No tender will be accepted/received offline or in

any office.

3.2.3 The mandatory seal & signed of all pages should be submitted online not later than

date and timings mentioned as in NIT in SECTION - I of the tender document.

3.2.4 The box kept for deposit Bid Deposit & Bid security will be sealed on the date and

timing mentioned as in NIT Sr. No. 10 of Section-I of the tender document.

3.2.5 Any tender and Bid security and Bid Deposit received late are liable to be rejected

summarily.

3.3 TENDER OPENING

3.3.1 Date and time of online opening of the tender: - As indicated in Sr. No. 11 of section-

I of the tender document.

3.3.2 Conditional tenders are liable to be rejected straightway. DFCCIL reserves the right

to reject such tenders summarily without assigning any reasons whatsoever.

3.3.3 If the date of opening is declared as holiday then the tender shall be accepted up to

15.00 hrs. of the next working day and the same will be opened at 15.30 hrs. on the

same day i.e. ,next working day.

3.3.4 On the date specified in the tender notice, the rates of all Tenderer(S) will be

available Online.

3.4 GENERAL INFORMATION

3.4.1 Tender document is non-transferable. Tenders received from Tenderer(S) in whose

name documents have been uploaded/offered shall only be considered.

3.4.2 No extension in the Tender due date shall be Considered on account of internet

speed or any technical fault.

3.4.3 Online Issuance of tender document does not automatically mean that such parties

are considered qualified.

3.4.4 The agency selected will be awarded the work for the period specified vide item

No.3 of Section - I of the tender documents.

3.4.5 DFCCIL reserve the right to modified, expend, restrict, scrap, re-float the tender

without assigning any reason



3.5 VALIDITY OF PROPOSAL

3.5.1 The Tenderer(S) shall keep their offer open for a minimum period of 90 days from

the date of opening of the Tender, being extended further if required by mutual

agreement from time to time. Any contravention of the above condition shall make

the Tenderer(S) liable for forfeiture of his bid deposit. The tenderer (s) cannot

withdrawal their offers within the period of validity / extended validity.

3.6 TENDER FEE

3.6.1 The original pay orders/demand drafts/Banker’s Cheque /FDR against EMD

and Tender Fees from any Nationalized Bank or a Scheduled Bank in favor of

Dedicated Freight Corridor Corporation of India Limited payable at Vadodara

to be deposited in the tender box kept in DFCCIL office as per address given in

Bid documents before the scheduled date and time of submission of the tender. The

scanned copy of the same (as specified in Section-3 para 3.1.5 & 3.1.6 of the

tender document) is to be uploaded online.

3.6.2 As the documents downloaded from internet, cost of tender from as specified in

Section-I of the tender document shall be submitted separately in DFCCIL, Vadodara

office as per address given in Bid documents (Section 1 Sr. No.13)

3.6.3 Offers without valid tender fee /EMD will be summarily rejected

3.6.4 Tender processing fees as per applicable rates to ITI limited, Payable through the e-

payment gateways which is non refundable as per NIT.

3.7 BID DEPOSIT

3.7.1 The tender will not be entertained if a sum specified in NIT as per Sr. No.5 & 6 of

Section I of the tender documents as bid deposited in the form of pay orders,

demand drafts, Banker’s cheque /FDR from any Nationalized Bank or a Scheduled

Bank. Earnest Money shall be in favor of DFCCIL payable at Vadodara and duly

discharged after affixing the revenue stamp on reverse side of the receipt and

duly signed on it and drooped in the box kept in DFCCIL office as per address

given in Bid documents (Section 1 Sr. No.13).

3.7.2 The tenders without valid Tender fee /EMD shall be summarily rejected.

3.7.3 If the tender is accepted, the amount of Bid deposit will be retained as Retention

Money for the due and faithful fulfillment of the contract. This amount of retention

Money shall be forfeited if the Tenderer(S)/Contractor(S) fail to execute the

Agreements Bond within 07 days after receipt of notice issued by DFCCIL that such

documents are ready or to commence the work within 15 days after receipt of the

ordered to that effect.

3.7.4 The Bid deposit of all unsuccessful Tenderer(S) expects that of the successful

Tenderer(S) will be discharged/returned after the award of the contract. The Bid

deposit of successful Tenderer(S) will be adjusted against the Retention Money

amount. No interest will be paid by DFCCIL on the above Bid deposit amount.



3.8 FIRM DETAILS, SIGNATURE OF TENDERS & DOCUMENTARY PROOF

3.8.1 The Tender must contain the full name, designation and complete address of the

place of business of the person(S) signing the Tender. Tender(S) shall furnish

“BRIEF DETAILS OF THE TENDERER(s)”

3.8.2 The tender shall be signed by the individual or individuals legally authorized to enter

in to commencement on behalf of the tenderer (s). Any individual or individuals

signing the tender documents or other documents connected their with should

specified whether he is signing.

a) As a Sole Proprietor of the firm Attorney of the Sole Proprietor; or

b) As a Partner of Partners of the firm; or

c) As a Director Manager or Security in a Limited Company etc.

3.9 PRICE BASIS, CURRENCIES & LANGUAGE OF BID

3.9.1. The bidder shall quote rates only in the column prescribed for the Rates,

which is a part of this document. Rates shall include all the cost of vehicle, fuel, lubricants, maintenance, driver , insurances & all tax liabilities etc except service tax, toll tax , parking and passenger tax & state entry tax which will be paid extra (reimbursed) after production of documents in proof of having submitted the same. All other various taxes by central govt./ state govt./ local bodies as applicable at the time of the opening of the tender shall be accounted for in the rates.

3.9.2 Taxes, if any, levied after opening of the tender will be borne by DFCCIL & reimbursed after production of documents in proof of having submitted the same. General & Special Conditions of Contract, Schedule of approximate quantities & Rate sheet may be referred for further details.

3.10 PROPOSAL EVALUATION:-

3.10.1 A single stage procedure shall be adopted in evaluating the proposals.

3.10.2 The work will be awarded to the lowest offerer who fulfill all requisite qualification

as per tender documents.

3.10.3 The proposal of the tenderer will be assessed only based on the information /

documents submitted along with the tender. However, DFCCIL reserves the right

to seek clarification from the tenderer if the evaluation committee considers it

necessary for proper assessment of the proposal. The clarification will be sought

through fax / e-mail and the tenderer will be required to submit clarification in the

stipulated time period. The clarification received within stipulated time period will

be taken into consideration for evaluation of the proposal.

3.10.4 The proposals shall be opened on line.

3.11 SIGNATURE OF BIDS & DOCUMENTARY PROOF.

The bid must contain the full name, designation and complete address of place of business of the person(s) signing the bid. Tender(s) shall furnish “BRIEF DETAILS OF THE BIDDER”



3.12 PARTNERSHIP DEED

3.12.1 The tender shall clearly specify whether the tender is submitted on his own

behalf or on behalf of partnership concern. If t he tender is submitted on behalf of

partnership concern, tenderer shall submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on

behalf of partnership concern. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by

individual signing the tender documents. DFCCIL will not be bound by any

Power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may however

recognize such power of attorney and changes after obtaining proper legal advice the cost of which will be chargeable to the contractor.

3.12.2 The tenderer/s whose tender is accepted will be required to appear at the office

of the Chief Project Manager, DFCCIL, Sardar Sarovar Narmada Nigam Ltd., 4th Floor, A Block, Narmada Nahar Bhavan, Channi Jakat Naka, Vadodara –

390 002, in person or in case of firm or corporation, a duly authorized

representative shall appear to execute the contract documents within 7 days after notice that the contract has been awarded to him and contract documents

are ready for signature. Failure to do so shall constitute a breach of the agreement effected by the acceptance of the tender in which case the full value of the

earnest money accompanying the tender shall stand forfeited.

3.12.3 In the event of any tenderer/s whose tender is accepted refusing to execute the Contract documents as herein before provided, DFCCIL may determine that

such tenderer/s has/have abandoned the contract and there upon his/their tender and the acceptance there of shall be treated as cancelled and DFCCIL shall be

entitled to forfeit the full amount of the earnest money. 3.13 SECURITY DEPOSIT 3.13.1 The Earnest Money deposited by the Contractor with his tender will be retained by

the DFCCIL as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, will be recovered by percentage deduction from the Contractor's "on account" bills. Provided also that in case of defaulting contractor the DFCCIL may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained may not exceed 10% of the total value of the contract.

3.13.2 Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery /mode of recovery shall be as under:

3.13.3 Security Deposit for each work shall be 5% of the contract value

3.13.4 The rate of recovery shall be at the rate of 10% of the bill amount till the full security deposit is recovered,

3.13.5 Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting SD shall be accepted towards Security Deposit.

3.13.6 The security deposit shall be returned to the contractor without any interest when the contractor ceases to be under any obligations under the contract i.e. after the successful completion of work.

3.13.7 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract.



3.14 Tender documents are not transferable.

3.15 Joint venture (JV) firms are not allowed to participate in this tender.

3.16 CHECK-LIST The bidders are requested to duly fill in the checklist as per Annexure-V. The checklist is only a reminder of certain important items, to facilitate the tenderer. This, however, does not relieve the bidder of its responsibility to make sure that his proposal is otherwise complete in all respects



SECTION 4

GENERAL TERMS AND CONDITIONS OF CONTRACT

1.0 DEFINITION OF TERMS

a. “Contract Documents’ shall mean this bid document containing Instructions to bidders General Terms and conditions of Contract, Special Conditions of Contract, Contracts proposal, minutes of clarifications to the extent they have been accepted by DFCCIL prior to the Award of the contract and Contract Agreement. A Performa of the agreement to be executed between DFCCIL and the contractor is given at the end of this section.

b. “Contractor/Agency shall mean the bidder whose bid will be accepted by DFCCIL and shall include such successful bidder’s legal representatives, successors and permitted assigns, from time to time for the purpose of the contract.

c. “Letter of Award” shall mean the official notice issued by the DFCCIL notifying the contractor that his proposal has been accepted.

d. “Officer in Charge” shall mean DFCCIL off icer dealing with the performance and operations of the contract.

2.0 CONTRACTOR’S AGENTS/EMPLOYEES No other person except Contractor’s authorized representative shall be allowed

into DFCCIL premises and they shall not do any private work other than their normal duties. Contractors shall be directly responsible for any/all disputes arising between him and

his personnel and keep DFCCIL indemnified against all losses, damages and claims

thereof.

The personnel engaged by the contractor shall be on the duty of the contractor/agency and under no circumstances shall be deemed to be on the duty of DFCCIL. DFCCIL

shall have no relationship of Master and Servant or principal and Agent or nexus of

any kind whatsoever with such staff deployed by the contractor/agency. Such staff shall not be entitled to claim any right, privilege or benefit from DFCCIL and in the

event of any such claim, the contractor/agency undertakes to indemnify DFCCIL for any loss or damage, financial or otherwise. The personnel engaged by the contractor shall be subject to security check b y

DFCCIL security staff while entering/leaving the premises. Such personnel shall have to abide by the instructions of the security staff and other officers of DFCCIL authorized in this behalf. Failure to faithfully follow instructions would be deemed infringement of tender conditions. Contractor shall in no case lease/transfer/sublet/appoint caretaker for services without approval of DFCCIL, which DFCCIL in its discretion may or may not grant.



3.0 DURATION OF CONTRACT

The duration of the contract for work to be undertaken by the contractor is Two years

(twenty four months) from the date advised by DFCCIL in the Acceptance Letter . In case of extension, the contractor shall be bound to provide the service in the extended

period on the same terms and conditions.

4.0 AWARD OF CONTRACT DFCCIL will intimate the award of Contract in writing to the successful bidder. The contract will be awarded to the qualified, experienced and responsive bidder offering the lowest price in conformity with the requirements of these documents and DFCCIL shall be the sole judge in this regard.

Notwithstanding anything contained herein without prejudice to its rights, DFCCIL reserves the right to award one or more than one tender in full or part as and when felt

necessary without assigning any reason or to hire vehicles from agency/lies other than the empanelled agency, nearer to DFCCIL office or the point of start of travel in

case the empanelled agency/lies fail to provide agreed quality of vehicles/services

at the rate, terms and conditions of the contract. The bidders t o whom this tender is to be awarded against this tender shall not be entitled to any compensation or consideration

in case of such events. DFCCIL reserves the right of rejecting/accepting either the whole

or any part of the proposal. The contractor shall be fully responsible and shall be bound to perform the job allocated to him at his quoted rates and terms and conditions that have

been accepted by Agency.

DFCCIL reserves the right to assess bidder’s capability and capacity to perform

the contract from other sources, should the circumstances warrant such assessment in its overall interest. 4.1 TAXES, DUTIES, LEVIES ETC.

Contractor shall pay all income-tax, surcharge on Income Tax and any other Corporate

Tax. Further, the contractor shall be liable and fully responsible for payment of all Indian duties, levies, service tax, VAT and any other taxes attracted/assessed on him

under the provisions of the Indian laws. DFCCIL shall not bear any tax liability under any circumstances whatsoever. DFCCIL shall deduct income tax or any other tax at

source from all the payments to be made to the contractor in accordance with the

provision of Indian tax laws, as applicable from time to time, and deposit the same to the concerned Govt. Authorities. Documentary evidence towards having paid the taxes

to the Govt. shall have to be produced by the contractor, if so required by DFCCIL. 5.0 TERMINATION OF CONTRACT

If at any time the contractor makes any default in proceeding with the work with due

diligence and continues to do so even after the notice in writing is served on him or

commits any default in complying with any of the terms and conditions even after the

notice in writing is given on that behalf by the Officer-in-charge,. DFCCIL may, without

prejudice to any other right or remedy which shall have accrued or shall accrue thereafter

to DFCCIL by written notice, terminate the contract as a whole or a part of the Contract.



In such case, CPM or his authorized representative may serve the Firm/Contractor with a notice in writing to that effect and if the Firm/Contractor does not, within 7 days after delivery

to him of such notice, proceed to make good his default in so far as the same is capable of

being made good, and carry on the work or comply with such instruction as aforesaid to the

entire satisfaction of the Engineer in charge/his representative, CPM or his authorized

representative shall be entitled after giving 48 hours notice in writing to terminate the

contract, as a whole or in part or parts (as may be specified in such notice)

6.0 EFFECT AND JURISICTION OF CONTRACT The contract shall be considered as having come into force from the date the agency is empanelled by DFCCIL. The laws applicable to this contract shall be the laws in force in India. The Courts at Vadodara shall have exclusive jurisdiction in all matters arising out of and under this contract. 7.0 ARBITRATION

In the event of any dispute or difference whatsoever arising under this contract or in connection therewith including any dispute relating to existing meaning and

interpretation of this contract, the same shall be referred to the sole arbitrator as

appointed by DFCCIL. The arbitration shal l be conducted in accordance with the provisions of the Arbitration and Conciliation Act 1996.

Notwithstanding any dispute between the parties, the agency shall not be entitled to

withhold, delay or defer its obligation, under the contract, and the same shall be

carried out strictly in accordance with the terms and conditions of contract. 8.0 INSURANCE DFCCIL shall not entertain any claim arising out of mishap, if any, that may take

place. The contractor shall b e fully responsible for any loss or damage to the vehicle o r

occupants and shall be liable to pay full compensation for any injury or any other loss to passengers. DFCCIL shall neither be responsible nor liable to pay any compensation

for injury/death caused to the operating staff in the event of any accident while on contractor’s duty. In case of any third party claim against DFCCIL for any act of the

employees of the contractor/agency, the contractor/agency shall act as guarantor and

indemnify DFCCIL to the extent of all claims and expenses. The following insurance shall be maintained by the contractor at its cost.

9.0 WORKMENS COMPENSATION INSURANCE

This insurance shall protect the contractor and DFCCIL against all claims applicable under

the Workmen’s Compensation Act 1948. This policy shall also cover the contractor against

claims for injury, disability, disease or death of his or his sub-contractor’s workmen

which for any reasons are not covered under the Workmen’s Compensation Act. The liability shall not be less than the statutory workmen’s compensation provision and

Employees liability provisions.



10.0 VEHICLE INSURANCE The vehicles utilized under this contract must be fully and comprehensively insured

covering the risk to the driver and all passengers also. The insurance shall protect the contractor and DFCCIL against all risk, claims for loss, injuries, disability, disease and

death of members of public including DFCCIL men, and damage to the property of others arising from the use of motor vehicles during operations irrespective of the ownership

of such vehicles.

10.1 GENERAL LIABILITY INSURANCE This insurance shall protect the contractor and DFCCIL against all claims arising from

injuries, disabilities, disease or death of members of public or damage to property of others, due to any act or omission or commission on the part of the contractor,

his agents/representatives and sub-contractors. This insurance shall also cover all the liabilities of the contractor arising out of the clause entitled ‘Defense of Suits’ under

General Conditions of Contract.

The above are only an illustrative list of insurance covers normally required, and it will be the sole responsibility of the contractor to maintain all necessary insurance coverage to the extent both in time and amount to take care of all his liabilities either direct or indirect in pursuance of the contract. 11.0 DEFENCE OF SUITS If any action in court is brought by a third party against DFCCIL or an officer or agent of the DFCCIL for the failure or neglect on the part of the Contractor to perform any acts, matter, covenants or things under the Contract, of for any damage or injury caused by the alleged omission or negligence on the part of the contractor, his agents / representatives or his sub-contractors, drivers or employees, the contractor/agency shall in all such cases be responsible and indemnify and keep DFCCIL and/or his representative harmless from all losses, damages, expenses or decrees arising out of such action.

12.0 PAYMENTS

Payment shall comprise rate as per final contract price and reimbursement costs as

detailed in Price schedule, and there shall be no other payments. This clause shall be

read in conjunction with price variation/ Revision clause o f Special condition of

contract (section 5). Contractor shall be solely responsible for payment of

wages/salaries and allowances to his personnel that are payable or might become

payable under any new Act or order of Government and also comply with all the

statutory laws/acts i.e. PF, ESI etc. relating to their employees. DFCCIL shall have no

liability, whatsoever, in this regard.



13.0 Performance Guarantee (P.G.)

a. On acceptance of tender the successful tenderer shall have to submit performance guarantee amounting to 5% of the contract value in any one of the form of irrevocable Bank Guarantee or FDR from Nationalized or scheduled bank in favorer of DFCCIL, Vadodara. The Performance Guarantee shall be submitted within 30 (thirty) days from the date of issue of Letter Of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting the EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for the work.

b) This Guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time limit for completion of work gets extended, the contractor shall give the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

c) The Performance Guarantee (PG) shall be released after the physical completion of the

work based on the “Completion Certificate” issued by the competent authority stating

that the contractor has completed the work in all respect satisfactorily. The security

deposit, however, shall be released only after passing the final bill based on “No Claim

Certificate”.

d) Wherever the contract is rescinded, the security deposit shall be forfeited and the

Performance Guarantee shall be encased and the balance work shall be got done

independently without risk and cost of the failed contractor, the failed contractor shall be

debarred from participating in the tender for executing the balance work. If the failed

contractor is JV or a partnership firm, then every member/partner of such a firm shall be

debarred from the participating in the tender for the balance work either in his/her

individual capacity or as a partner of any other JV/partnership firm.

e) The DFCCIL shall not make a claim under the Performance Guarantee except for

amount to which the DFCCIL is entitled under the contract (not withstanding and /or

without to any other provisions in the contract agreement) in the event of:-

i) Failure by the contractor to extend the validity of the Performance Guarantee as

describe herein above, in which event the engineer may claim the full amount of the

Performance Guarantee.

ii) Failure by the contractor to pay DFCCIL any amount due, either as agreed by the

contractor or determined under any of the Clauses/Conditions of the agreement, within

30 days of the service of the notice to this effect by Engineer.

The contract being determined or rescinded under provision of this contract, the

Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal

of the DFCCIL.



SECTION 5

SPECIAL CONDITIONS OF CONTRACT

1.0 SCOPE OF WORK

1.1 The contractor will be required to provide Three number of commercial vehicle i.e.

Innova or SUV type similar model in price (with center lock, rear camera & audio

system with pen drive) & Five number of Commercial field vehicle i.e. Tavera or similar

model in price (with center lock & rear camera) in perfect condition w i t h fuel & other

consumables, maintenance, well-behaved, uniformed drivers with valid driving

license to DFCCIL on hiring basis.

1.2 Duration of the contract is for two years (twenty-four months). However, same may

be extended further on same rates, terms & conditions if so decided by DFCCIL.

1.3 Hiring of Three number of commercial vehicle i.e.Innova or SUV type similar model in

price (with center lock & rear camera) & Five number of commercial field vehicle i.e.

Tavera or similar model in price (with center lock & rear camera) have been provided

in the “Schedule of approximate quantities”. This number has been given for general

guidance & may vary as per actual requirement.

1.4 Vehicles will normally be hired on monthly basis. In emergent situations, contractor

may be asked to provide the vehicles on daily basis.

1.5 The vehicles shall be available to the DFCCIL/nominated official with driver, fuel,

Engine oil etc., round the clock, as and when required on all days of week

irrespective of holidays. Normally, vehicle will be required for 12 (twelve) working

hours a day. However, d u e to urgency and requirement of work, it may be

extended beyond 12 hours. Thus, for 26 working days per month, there will be

normally total 312 working hours per month. In case, vehicle is used for more

than 312 hours in a month, overtime at the accepted rate for additional hour or part

thereof is payable. In case vehicle is required in the night hours, driver shall report

with the vehicle within 2 hours of having received the intimation.

1.6 The normal area of duty of the vehicle will cover the entire Gujarat State. But, Official

using vehicle, can ask to move beyond Gujarat state also, the inter state Road tax if

so will be borne by DFCCIL. No excuses are accepted, if DFCCIL official instructed

to go to any feasible place within the country.

1.7 All kinds of repairs/maintenance costs, charges of fuels, oil, lubricant, mobile phone

charges, fee towards licenses/registration taxes, challans, salary/overtime of the

driver, insurance premium etc. are responsibility of the contractor and shall be

borne by the contractor all along the contract duration.

1.8 DFCCIL will not provide any accommodation to driver. Driver himself shall

arrange Boarding/Lodging. In case, the reporting place of duty is located far off,

necessary arrangement in the nearby areas will be made by Contractor/service

provider for housing of driver and parking of the vehicle(s) so that the same is

available at short notice.

1.9 Vehicle shall be used on any type of road i.e. Kuccha / Pucca including along

the railway track as per direction of official using the vehicle.



1.10 The rate filled in the schedule shall be inclusive of all charges and all taxes

leviable by the State/Central Government except GST, Toll Tax and Parking

charges which will be reimbursed by DFCCIL based on documentary evidence

furnished by the contractor.

1.11 Rates are inclusive of salary of driver and other benefits as admissible to

driver, diesel, and lubricants as and when required for running of vehicle, repair and

maintenance etc

1.12 The rates of hire are inclusive of a l l k ind o f taxes, government levies and

charges for inspection certificates as per statutory requirements from time to time

except GST, Toll Tax and Parking charges which will be reimbursed by DFCCIL

based on documentary evidence furnished by the contractor.

1.13 If a vehicle is out of order or under schedule maintenance or vehicle not reported

on duty, the contractor shall provide the replacement (of same category) within a

reasonable time (1 hr in case of vehicle is in city limits of hired place & 2 hrs in

case of Outside of city limits of hired place) , failing which the user will be entitled

to hire any vehicle and the amount thus incurred shall be recovered from the bills

of the contractor in addition to no payment of per day hire charges.

1.14 Punctuality in attendance and disciplined behavior is of utmost importance for the

driver. In case driver is not found to the satisfaction of DFCCIL officials/officers the

same shall be changed by the contractor within 5 days, failing which penalty of

Rs.1000.00 will be imposed every day after 5 th day.

1.15 Further, during emergencies, the driver shall report for duty within 45 minutes even during his off hours, on call, failing which a penalty of Rs. 1000.00 wi l l be imposed.

1.16 Vehicle will be required generally for 12 hours every day, which will normally be from 09.00 to 21.00 hrs. Accumulation of hours on the monthly basis which will be 312 hours, However, occasionally timings may very which will be indicated a day in advance. Tenderer should provide 24 hours contact number on which such information can be given. Further the driver of the vehicle should be provided with a mobile phone having both incoming and outgoing facility at contractor’s own cost.

1.17 Vehicle shall have to report at mentioned place and time. Any delay in reporting will be considered as absence for the day. Nominated place may be changed once in a month, if required.

1.18

In case of vehicle not turning up for duty any day, an amount equivalent to one vehicle day will be recoverable from the contractor in addition to Rs.1000/- (one thousand) per day penalty will also be imposed.

1.19 Changing of driver/vehicle i s not permitted. Although if necessary then prior written approval of DFCCIL should be sought with justification. And if change is granted then an amount of Rs 1000.00 shall be charged for change of driver/vehicle. If driver/vehicle is changed without written approval then, penalty of Rs.2000.00 per incident will be imposed. Temporary change is permitted for maximum 1 week with the consent of officer using vehicle.

1.20 The Contractor shall be completely responsible for safe running of vehicle. DFCCIL will not be responsible for any loss, damage, repairs, maintenance or accident to the vehicle or driver.



1.21

Contractor shall have to maintain log book in approved Performa by official in charge which shall have to be filled daily and presented to DFCCIL’s authorized representative for signature. Timing and Kilometer reading shall be noted every day at the time of reporting at nominated place and release from same place.

1.22 DFCCIL may provide open parking space but parking shall be purely at Contractor’s risk.

1.23 Payment of hiring charges will be made once in a month in the form of

R T G S / N E F T on submission of complete set of bills (along with all related document of vehicle provided) and after the due verification of log book /

original parking receipt / original toll receipt. 1.24 Minimum wages and other statutory obligation should also be met by the

contractor at his own cost.

1.25 Driver should have a valid driving license (LMV Taxi) and the vehicle should

be insured against accidents etc. as per rules and statutory obligations. 1.26 INDEMNITY:- The contractor shall at all times indemnify to the DFCCIL

administration against all claims which may arise due to accident or otherwise or

due to breach of the terms and conditions mentioned herein and owing to any sort of act of commissions on the part of the contract during the currency of this

contract. 1.27 That the contractor agrees to indemnify to the DFCCIL administration against all

claims for compensation by on or behalf of driver employed by him in

connection with the present contract for any injury or death by an accident

under the Workmen’s Compensation Act VIII of1923 and the DFCCIL

administration will be entitled to deduct from any sum of money due or payable

to the contractor for the amount of compensation thus payable under the terms of

Section-12 of the said Act together with all or any cost incurred by the DFCCIL

administration in such connection and the contractor further agrees that the

decision of the DFCCIL with respect to the amount of such indemnity shall be

accepted by him finally.

1.28 DFCCIL in no case is responsible for any legal matter arising of any State/Central

Government laws in matter of employment of the driver by owner of the vehicle

or in respect of any other matter.

1.29 All other charges of Central Government/State Government or any other

authorities, if any are to be included by the tenderer in his BID. 1.30 During the currency of contract, the vehicle provided cannot be used for any other

purpose except for DFCCIL. If found, then Rs 1000.00 shall be deducted on each occasion.

1.31 The month shall be reckoned from first date on which the vehicle is put in to the

service and no deductions or additions will be made for number of days being more

of less than 30 in a month. (e. g. of the vehicle is put in to service for the first time

on 15th

August the month will be from 15th August to 14th September, 15th

September to 14th October and so on).

1.32 One hour is of 60 minutes for the purpose of payment and a fraction up to 30 minutes shall not be taken in to account and more than 30 minutes shall be considered as an hour. In case of breakdown of the vehicle en-route during the course of operation, contractor has to provide a suitable substitute vehicle within two hours plus reasonable running time from the garage of contractor to the place of breakdown failing which a recovery of double the daily rate will be made.



1.33 Good quality seat covers (cotton/fabric) shall be provided and the same will be

regularly cleaned by the contractor at his own cost. Vehicle will be kept properly

cleaned daily.

1.34 In case the driver has to make a night halt outside the place where vehicle is

based the night allowance shall be payable at Rs. 150.00 per night. However, the extra hour payment as per Item No. 3 of schedule will be made only up to the

time when the vehicle is in use before the driver is permitted to take rest. In case

of dispute in calculation, DFCCIL’s decision shall be final. 1.35 In case the driver is required to stay overnight at a place other than the normal

headquarter of the vehicle, payment of Rs.150.00 will be paid per night per outstation duty inclusive of night charges. However, the extra hours payment

under item 3 of schedule will be made only up to the time when the vehicle is in

use before the drive r is permitted to take rest. In case of dispute in calculation, DFCCIL’s decision shall be final.

1.36 The agency shall submit the bills in duplicate, to the CPM/DFCCIL/Vadodara office along with the log book for the period. Bills having cutting & overwriting shall not

be entertained unless authenticated by the user. No advance payment shall be

made under any circumstances. The documents related to vehicle provided should be submitted by the contractor. During the currency of contract if any vehicle is

required to be changed documents of such vehicle should also be submitted. 1.37 The agency shall give consent in a mandate form for receipt of payment through

ECS/RTGS/NEFT. Charges if any will be on account of the contractor. The

agency shall provide the details of Bank Account in line with RGI guidelines for the same. These details would include Bank Name. Branch name & address, Account

type, Account Number, Bank & Branch code as appearing on MICR cheque issued by the Bank. In case where ECS/NEFT facility is not available, payment shall be

released through cheque.

1.38 Distance travelled by vehicle from garage to point of duty & back will not be counted towards the payment. Similarly. The user at his discretion may instruct the contractor to park the vehicle at user’s residence after the duty hours. No mileage will be claimed for drivers’ lunch / breakfast or drawl of petrol / diesel etc

Vehicle shall always have sufficient diesel as official can instruct to move outstation on short notice. Diesel should not be less than half tank while reporting to duty in morning.

2.0 VEHICLES 2.1 Vehicles provided shall be registered not earlier than 01-07-2016 and shall

use diesel/ petrol/CNG o n l y as fuel with proper entries in RC. If any vehicle

provided to DFCCIL is found to be using any other fuel except the one declared, the

Contract shall be terminated forthwith and further action under the terms and

conditions of the contract.

2.2 The vehicles shall strictly comply with the provisions of pollution control ,

statutory regulation issued by State Transport Authorities/ Central Govt./other authorities etc. from time to time. Contractor shall ensure that the vehicles

must have all relevant documents like Registration Certificate/Driving

license/Insurance Cover/Road Tax Receipt /Permit, Pollution certificate etc. Driver shall be able to produce the documents as and when re- questioned

f r om him. Consequences of failure to comply with any of the rules and regulations of the concerned authorities shall be the sole responsibility of the

Agency.



2.3 All the Vehicle(s) shall always carry first aid box and mandatory spares vis. Tool

box/Kit, Fuses, Spark plugs, fan belts, spare tyre etc.

The Contractor/service provider shall be responsible for complying with legal and

labor provisions prescribed by Government of India which shall include Income

Tax, Accidents, ESI, PF, Contract Labor and Abolition Act etc.

2.4 Vehicle shall be available for all the days of a month including holidays.

Maintenance rest will be provided by official using the vehicle decided in the

beginning of the month.

2.5 All the vehicles deployed by contractor /services provider should be registered

for commercial use and shall have valid permission for operation of the same.

3.0 Drivers

3.1 Drivers deployed by the contractor shall be skilled, well behaved, holding valid

driving license (LMV Taxi) and capable of undertaking minor repairs of

vehicles. Drivers shall have the adequate knowledge of routes in the district

of Vadodara, Bharuch, Surat, Kheda, Anand, Nadiad and Ahmedabad. All the

paper for vehicle like registration papers, insurance papers, certificate towards

payment of road tax, PUC etc. shall be readily available with driver.

3.2 The contractor shall provide mobile phone in perfect working condition to drivers of

the vehicles. No separate payment shall be made by DFCCIL for the mobile phone

instrument and call/SIM charges. 3.3 The contractor/service provider shall ensure himself about the antecedents of the

driver deployed for duty. The Drivers shall abide by the rules laid down by

Transport Authority/ Motor Licensing Authority or any Authority relevant to the

subject and shall always strictly follow the Traffic Rules and regulations so as to

ensure safety of the passengers. Any challan/penalty imposed on the driver will be

borne by the contractor/service provider. In case of any accident, all the claims

arising out of it will be met by the Contractor/service provider

3.4 The drivers must also observe all the etiquette, protocol and extend usual courtesy (like carrying office bags/files to the concerned chambers, etc.) while performing the duty. The y must be neatly dressed and must carry a photo identify card provided by the Contractor/service provider.

3.5 Driver shall also maintain a logbook and ensure that it is signed by the official using the vehicle.

4.0 PAYMENT AND REIMBURSALS

4.1 Hiring charges are on monthly basis for 312 working hours and inclusive of kilometers run as mentioned in the schedule of approximate quantities. For use

beyond inclusive kms and/ or beyond 312 working hours in a month, extra payment

as per accepted rates will be made. 4.2 Rates are inclusive of all running maintenance & repair expenses, fuel, lubricants

and any other consumables required from time to time, all taxes, duties, incidental

charges, penalties etc. as imposed by Central/State/Local Government bodies

for running of vehicles, salary and other benefits admissible to driver. Nothing

extra over and above the accepted rates shall be payable. However, GST, toll tax,

parking charges will be reimbursed only after having submitted the proof of

having actually paid the above taxes / charges.

4.3 In case the vehicles are engaged on daily basis, payment will be made on prorate basis i.e. accepted rates divided by number of working days (Total days – Sundays) in a month.



4.4 For kilometer in excess of kilometers inclusive in item No.1 i.e. for payment under item No.2 payable kilometer will be worked out after averaging the actual kilometer run over a period of three months. Total kilometer run in three months in excess of inclusive kilometers for three months will only be considered for payments.

4.5 For kilometer in excess of kilometers inclusive in item No.1 i.e. for payment under item No.2 payable kilometer will be worked out after averaging the actual kilometer run over a period of three months. Total kilometer run in three months in excess of inclusive kilometers for three months will only be considered for payments.

4.6 TDS as applicable shall be deducted from the bills of the agency.

5.0 PRICE VARIATION / REVISION 5.1 Revision of the fare due to increase/decrease in the Diesel prices shall be

considered by DFCCIL if the increase/decrease announced by Govt. is 10% or more. In the event of increase/decrease in the price of fuel, the rates quoted will be proportionately increased/decreased by 1/4th of the percentage increase/decrease in the price of fuel. The variation (increase/decrease) of fuel price will initially be compared with the price of fuel on the date of commencement of contract. Subsequently, updated/modified rates will be considered for comparison. Contractor has to certify on monthly bill that there has been no decrease of 10% or more in the fuel prices during the period of the bill vis-a-vis prices of fuel at the time of last revision of rates. The price variation due to either increase or decrease of diesel prices will be paid on actual kms. runs during the month. If the vehicle runs less than the inclusive kms. i.e. 2500/3000 kms. mentioned in para 1 (a) & (b) of schedule of quantity then the difference of price variation will be paid on the actual kilometers run of vehicle during the said period.

6.0 NON-PERFORMANCE OF THE CONTRACT CONDITIONS 6.1 In case of non-availability of the regularly arranged vehicles, contractor may

provide vehicles owned by others which conform to DFCCIL specifications.

Upgraded models or higher category vehicles which meet minimum specification for all parameters may also be provided at the same rates, terms and conditions

with prior permission of in DFCCIL which DFCCIL in its absolute discretion may or may not grant.

6.2 In case of non-reporting/refusal to provide the requisite vehicle against defective

vehicle within 2 hrs, the same shall be hired from any other source (s) at the risk and cost of the agency without any notice in writing. In addition to this, in

case of any discrepancy in service viz. non-reporting, late reporting, non provision of requisite vehicle, driver not fully conversant with routes, driver not

behaving properly, vehicle not as per specifications, AC not working etc., DFCCIL

shall be at liberty to impose a penalty of minimum Rs. 1,000/- per incident or as decided by the officer-in-charge. In case of recurrent non-reporting/ refusal,

DFCCIL shall also be at liberty to take such action against the Contractor as it may deem fit, which besides invoking either whole or part of the Contract

Performance Guarantee, may even be termination of the contract.

6.3 The vehicles will be kept in neat & clean and perfect condition. in case of non-

compliance of any of the conditions, a penalty of Rs. 1,000/- (if not specified

above) per occasion shall be levied and deducted from the bill on hand.



7.0 METER TEMPERING 7.1 Speedometer and kilometer recorder shall be maintained to high

standard/accuracy. Any defect noticed shall be rectified immediately. DFCCIL reserves the right to get the meter calibrated or checked at any time at its sole

discretion. Tempering/manipulation of meter reading and misbehavior of driver shall be viewed seriously. A penalty equal to one month hiring charges for the

particular vehicle shall be imposed for meter tempering on each occasion. In

case of repeat of tempering, DFCCIL may even decide to terminate the contract and forfeiture of security deposit.

7.2 In the event of any error/fault in the meter being noticed, DFCCIL reserves the right t o adjust the bill for the journey undertaken (including those undertaken earlier) besides any other penal action. kilometers verified by official using the vehicle shall be final and binding.

8.0 VEHICLE INSURANCE / STATUTORY REQUIREMENTS 8.1 The vehicles provided to DFCCIL must be fully and comprehensively insured

covering the risk to the driver and all passengers also. The insurance shall

protect the contractor and DFCCIL against all risk, claims for loss, injuries, disability, disease and death of members of public including DFCCIL men, and

damage to the property of others arising from the use of motor vehicles during

operations irrespective of the ownership of such vehicles. 8.2 Contractor is required to comply to all statutory obligations viz. Industrial

Dispute Act, Workmen’s Compensation Act , etc. shall be the obligation of

the contractor and the contractor shall indemnify and shall always keep DFCCIL

indemnified against any liability falling on DFCCIL due to non-compliance of

statutory obligations by the contractor or any of its agents/servants/drivers or for

any reason whatsoever. The agency will be responsible for the conduct of their

staff.

8.3 DFCCIL in no case is responsible for any legal matter arising matter of any

State/Central Government laws in matter of employment of driver by owner of the

vehicle or in respect of any other matter.

8.4 The contractor shall be completely responsible for safe running of vehicle. DFCCIL wi l l not be responsible for any loss, damages, repairs, maintenance or accident

to the vehicle or Driver. DFCCIL shall be absolved from all claims/compensation

etc. in case vehicle is involved in any type of accident. 8.5 The contractor shall at all times indemnify the DFCCIL against all claims which

may arise due accident or otherwise or due to the breach of the terms and conditions mentioned herein and/owing to any sort of act of commission on the part

of the contract during the currency of this contract.

8.6 Contractor agrees to indemnify DFCCIL against all claims for compensation by or on behalf of driver employed by him in connection with the present contract for

any injury or death by an accident under the workmen’s compensation Act – VIII of 1923 and DFCCIL will be entitled to deduct from any sum of money due or

payable to the contractor the amount of compensation thus payable, under the

terms of section 12 of the said Act. Together with all or any cost incurred by the DFCCIL in such connection and the contract further agrees that the decision of

the Engineer-in-charge with respect to the amount of such indemnity shall be accepted by him finally.



9.0 Pre-qualification criteria for Service Provider/Agencies

a) The tenderer should have physically completed successfully at least one similar single work for a minimum value of 35% of advertised tender value with PSUs, Government Organizations, Autonomous body during the last three financial years and up to date of opening in the current year in (i.e. current year and three previous years) up to the date of opening of the tender.

Similar work means: a) Providing the hired four-wheeler passenger vehicle(s) for the use of staff/officers of

the organization.

b) The total contract amount for the work received by the contractor during the last three financial year and up to the date of opening in current year should be minimum of 150% of Advertised Tender Value of work as per attested copies of authentic documents/certificates issued by employer/client or audited balance sheet certified by Charted Accountant.

c) The agencies should have EPF code, ESI registration no., PAN, Service tax registration and registration under all the applicable labour laws and should submit copy of the same.

d) Consortium bidding to fulfill the eligibility criteria of this tender shall not be allowed at any stage.

e) The agency will be awarded work for two years which can be further extended, based on DFCCIL’s requirement & performance of the service Provider agencies. The extension shall be at the sole discretion of DFCCIL.

f) DFCCIL reserves the right to modify, expand, restrict, scrap and re-float the tender without assigning any reasons.

10.0 Format for submitting bid by the agencies :

Sr.

No. Particulars Details

1. Name of agency (service provider)

2. Address with Telephone and Fax no.

3. Status of applicant(individual/ proprietorship firm/ partnership firm/ private limited /society/ autonomous bodies (attach documentary evidence)

4. Types of the services provided

(Experience certificates to be enclosed)

5 Annual turnover of last three financial years (audited financial statement of last three financial years to be enclosed with Documentary evidence)

2014-15 2015-16 2016-17

6 EPF Establishment Registration No. (attach documentary evidence)



7. Establishment registration No. (attach documentary evidence)

8 PAN No.

( attach documentary evidence)

9 Service Tax Registration no.

( attach documentary evidence)

10. Other registration details under other applicable labour laws. (attach documentary evidence)

11 List of Clients along with their placement turnover in numbers. (last three years)

12 Attach satisfactory performance report from existing clients from Govt./PSU/Autonomous Bodies

13 Executive Summary about the agency.

11.0 QUANTITY VARIATION:-

An item wise excess/saving up to 100% in quantities/period can be done at the discretion of DFCCIL at the same rate and conditions with overall variation in quantity/period within ±50%.



SECTION: 6

Schedule of Approximate Quantities

Tender No. DFC/BRC/Vehicle Hiring/2017-18/26/768

Name of Work: Hiring of Three number of commercial vehicle i.e. Innova or SUV type




Sr DESCRIPTION Qty. Unit Rate Total Amount

1

a)Hiring charges for 03 number of commercial vehicle i.e.INNOVA or suv type similar model in price (with center lock & rear camera) inclusive of 2500 kms. per month and 312 hrs. per months inclusive of fuel, consumable, driver, repairs, maintenance, taxes etc. as per condition of contract. b)Hiring charges for diesel driven commercial field vehicle 05 (Five) number of field vehicle

i.e. Tavera or similar model in price (with center lock & rear camera) inclusive 3000

kms. per months & 312 hrs. per months inclusive of fuel, consumable, driver, repairs, maintenance, taxes etc. as per condition of contract.

3x24 month

5x24 month

Per month

per month

Rs.38800.00

Rs.34033.00

Rs.27,93,600.00

Rs.40,83,960.00

2 a) Additional charges for usage over kms. included in item n umber one (500x3x24)

b) Additional charges for usage over kms. included in item number one (1000x5x24)

36000kms.

1,20,000.00 kms

Per kms.

@Rs.09.00 per kms.

@Rs.08.00 per kms.

Rs.3,24,000.00

Rs.9,60,000.00

3

a)Additional charges for usage over 312 hrs. per month over item No.1 i.e. 350x3x2 b)Additional charges for usage over 312 hrs. per month over item No.1 i.e. 350x5x2

2100 hrs

3500 hrs

per hrs.

@Rs.22.00 per hrs.

@Rs.20.00

per hrs.

Rs.46,200.00

Rs.70,000.00

Total Basic Cost Rs.82,77,760.00

(Rates should be filled in the separate sheet of Schedule of Approximate Quantity uploaded along with this tender document)



Note: 1. The above rates are inclusive of all taxes. However, service tax, toll tax, parking

charges will be reimbursed only after having submitted the proof of having actually

paid the above taxes / charges.

2. Rates will be subject to price variation as per special conditions of the contract.

3. The tenderer is required to quote either a single flat percentage above or below ( in both words & figures) or AT PAR the rates given in schedule. This flat percentage will be applicable for all the items in schedule. In case of discrepancy, rate quoted in words shall prevail

4. If driver is require to stay overnight at a place other than headquarter, Rs.150/- will

be paid extra per night

Declaration by the tenderer (1) I/We am/are signing this document after carefully reading the contents. (2) I/We also accept all the conditions of the tender and have signed all the pages in confirmation thereof.



ANNEXURE-I

BRIEF DETAILS OF THE BIDDER

1. Name of the agency and address :…………………………………….

…………………………………….

…………………………………….

2. Person to be contacted :…………………………………….

3. Designation :……………………………………

4. Telephone Nos. (office ) :…………………………………….

5. Mobile No. :…………………………………….

6 Fax Nos. :…………………………….............

7. Category of Firm: Whether Partnership /

Ltd. Co./Sole or proprietorship , etc. :…………………………………….

8. Details of Vehicles owned/ Undertaking given

SN Registration No. Make Model Owned or

under taking

1

2

3

4

5

It is certified that information given above is true to the best of my knowledge and nothing has been hidden/misrepresented.



FORM OF AGREEMENT ANNEXURE-II

(To be executed on requisite value of stamp papers) AGREEMENT THIS AGREEMENT made on _________________ day of ______________________ (Month/year) between Dedicated Freight Corridor Corporation of India Limited (DFCCIL ), a company incorporated under the companies Act. 1956 and having its Office, 4th Floor, A Block, Narmada Nahar Bhavan, (Sardar Sarovar Narmada Nigam Ltd., Office) Chhani Jakat Naka, Vadodara – 390 002 (hereinafter referred to as “DFCCIL” which expression shall, where the context admits, include its successors and assigns) OF THE ONE PART

AND

M/S.______________________________________________________________________________ having its office at ________________________________________________________________ (hereinafter

referred to as “Hiring of Vehicle Provider” which expression shall, where the context admits, include their legal heirs executors, administrators, successors and assigns in business) OF THE OTHER PART WHEREAS:- 1. The Employer is desirous that certain works should be executed by the Vehicle Provider

viz. Tender NO. DFC/BRC/Vehicle Hiring/2017-18/26/768 (hereinafter called “the works”, and has accepted a Bid by the Service provider for the execution and completion of such works and the remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expressions shall have the same meaning as are

respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement:

a) Letter of Acceptance of Tender b) Notice Inviting Tender c) Instructions to the Tenderers d) Conditions of the Contract e) Schedule of approximate quantity

3. In consideration of the payments to be made by the DFCCIL to the contractor as Herein

after mentioned, the contractor hereby covenants with the DFCCIL to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.



4. The DFCCIL hereby covenant to pay the Contractor in consideration of the execution and

completion of the Works and the remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement executed the day and year first before written. (Name, Designation and address of the (Name, Designation and address of the signatory) authorized signatory Signed for and on behalf of the DFCCIL Signed for and on behalf of the Contractor in the presence of:

Witness: Witness: 1. 1. 2. 2.

Name & address of the witness to be mentioned



ANNEXURE –III

Format of Bank guarantee for performance security

Bank Guarantee No.:-__________________ Dated: ________________

To,

Chief Project Manager, (DFCCIL), 4th Floor, A Block, Narmada Nahar Bhavan, (Sardar Sarovar Narmada Nigam Ltd. Office)

Channi Jakat Naka,

Vadodara – 390 002

Reference:-Contract No.__________________________, awarded on

_____________________.

This deed of Guaranty made this day of __________________between ___________(name

of Bank) having registered office at ________________and branch office

at_______________(hereinafter referred to as “Bank”) of the one part and Dedicated Freight

Corridor Corporation of India Limited (hereinafter called the Employer) of the other part.

Whereas Dedicated Freight Corridor Corporation of India Limited has awarded the contract

no.____________ for Hiring of Vehicle of _______________________ (hereinafter called “the

contract”) To M/S ______________________ its registered office at_____________________

(hereinafter called “the contract”).

Whereas the contractor is bound by the said contract to submit to the Employer an irrevocable

performance security guarantee bound for a total of Rs________ (Rs in words).

Now, We the undersigned(name of Bank official), of the bank begin fully authorized to sing and

to incur obligations for and on behalf of the Bank hereby declare that the said Bank will

guarantee the Employer the full amount of Rs._____________(Rs. in words) as stated above.

After the contractor has the fore side contract with the Employer, the Bank further agree after

and promise to pay the amount due and payable under this guarantee without any demure

merely on a demand from the Employer starting that the amount claimed is due by way of loss

or damage cause to or would be caused or suffered the Employer by reason of any breach by

the side contractor of any of the terns or conditions contained in the said agreement or by

reason of the contractor failure to perform the said agreement. Any such demand made on the

Bank shall be conclusive as regards the amount due and payable by the bank under this

guarantee. However our liability under this guarantee shall be restricted to an amount not

exceeding Rs.___________ (in words) only.

We________ (indicate the name of Bank), further undertake to pay to the Employer any

money so demanded notwithstanding any dispute. Or dispute raised by the contractor in any

suit or proceeding pending before any court or Tribunal relating to liability under this present

being absolute and unequivocal.



The payment so made by us (name of Bank) under this bond shall be a valid discharge of our

liability for payment. There under and the contractor shall have no claim against us for making

such payment.

We_____________(indicate the name of bank), to further that the guarantee herein contained

shall remain in full force and effect during the period that would be taken for the performance

of the said agreement and that it shall continue to be enforceable till all the dues of the

Employer under or by virtue of the said agreement have been fully paid and its claims satisfied

or discharged by_____________(Designation & address of contract signing authority) on

behalf of Employer certify that the terms and conditions of the said agreement have been fully

and properly carried out by the said contractor and accordingly discharges this guarantee.

(Continue from page 1, BG no.________________, and dated ______________________)

We _____________________________ (name of the bank) lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the Employer in writing.

Notwithstanding anything to the contrary contained herein before:

i. Our liability under this bank guarantee shall not exceed and restricted to

Rs.___________________( in words).

ii. This bank guarantee shall be valid up to ___________________, unless extended on

demand by Employer.

iii. The Bank is liable to pay the guaranteed amount or any part thereof under this Bank

Guarantee only if Employer serve a written claim or demand on or

before_____________.

In WITNESS WHEREOF we of the Bank have signed and stamped this guarantee on this day

of___________being herewith duly authorized.

Signatures of Bank authorize Official with seal.

Bank Seal Name: ____________________________

Designation:

Address:

Witness:

1. Name: _________________

Designation:

Address:

2. Name: _________________

Designation:

Address:

(Note: - If as per contract agreement interest s applicable on Mobilization Advance, the

bank guarantee may be made including interest amount for said period.)



Annexure - IV

(Applicable in case of contract cost exceed Rs.1 Crore)

PRE-CONTRACT INTEGRITY PACT

General

This pre bid pre contract Agreement (hereinafter called the Integrity Pact) is made on ………the day of the month of ………..2011, between, on one hand, the DFCCIL acting through Shri ___________________ Designation of the officer, (hereinafter called the CLIENT, which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s _______________ represented by, Shri ________________________Chief Executive Officer (hereinafter called the “Bidder/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part.

WHEREAS the client proposes to procure (Name of the Stores/Equipment/Item, Name of the Consultancy Service, Name of Works contract, Name of Services) and the [A] is willing to offer/has offered for stores or works.

Whereas the [A] is a private company/public company/Government undertaking/partnership/

registered export agency, constituted in accordance with the relevant law in the matter and the

CLIENT is a PSU performing its functions on behalf of the President of India.

Now, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any

influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to

be entered into with a view to:-

Enabling the Client to obtain the desired said (Name of the Stores/Equipment/Item, Name of

the Consultancy Service, Name of Works Contract, Name of Services) at a competitive price in

conformity with the defined specifications by avoiding the high cost and the distortionary

impact of corruption on public procurement, and

Enabling Bidders to abstain from bribing or indulging in any corrupt practice in order to secure

[B] by providing assurance to them that their competitors will also abstain from bribing and

other corrupt practices and the Client will commit to prevent corruption, in any form, by their

officials by following transparent procedures.

The parties hereto hereby agree to enter into this integrity Pact and agree as follows:

Commitments of the Client

1.1 The Client undertakes that no official of the Client, connected directly or indirectly with the [B], will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the [A] either for themselves or for any person, organization or third party related to the [B], in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the [B].



1.2 The Client will, during the Pre-Contract stage, treat all bidders alike, and will provide to all Bidders the same information and will not provide any such information to any particular Bidder which could afford an advantage to that particular [A] in comparison to other Bidders.

1.3 All the officials of the Client will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) in reported by the [A] to the Client with full and verifiable facts and the same is prima facie found to be correct by the Client, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the Client and such a person shall be debarred from further dealings related to the [B] process. In such a case while an enquiry is being conducted by the Client the proceedings under the [B] would not be stalled.

Commitments of Bidders

3. The [A] commits himself to take all measures necessary to prevent corrupt practices,

unfair means and illegal activities during any stage of its bid or during any pre-contract

or post-contract stage in order to secure the [B] or in furtherance to secure it and in

particular committee itself to the following:-

3.1 The [A] will not offer, directly or through intermediaries, any bribe, gift, consideration,

reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Client, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the [B] in exchange for any advantage in the bidding, evaluation, contracting and implementation of the [B].

3.2 The [A] further undertakes that it has not given, offered or promised to give, directly or

indirectly any bribe, gift, consideration, reward, favour, any material or immaterial

benefit or other advantage, commission, fees, brokerage or inducement to any official of

the Client or otherwise in procuring the contract or forbearing to do or having done any

act in relation to the obtaining or execution of the [B] or any other [B] with the

Government for showing or forbearing to show favour or disfavour to any person in

relation to the [B] or any other [B] with the Government.

3.3 *[A] shall disclose the name and address if agents and representatives and Indian [A]

shall disclose their foreign principals or associates.

3.4 *[A] shall disclose the payments to be made by them to agents/brokers or any other

intermediary, in connection with this bid/Contract.

3.5 The [A] further confirms and declares to the Client that the [A] is the original

manufacturer/integrator/authorised government sponsored export entity of the defence

stores and has not engaged any individual or firm or company whether Indian or foreign

to intercede, facilitate or in any way to recommend to the Client or any of its

functionaries, whether officially or unofficially to the award of the [B] to the [A] nor has

any amount been paid, promised or intended to be paid to any such individual, firm or

company in respect of any such intercession, facilitation or recommendation.



3.6 The [A] either while presenting the bid or during pre-contract negotiations or before

signing the [B], shall disclose any payments he has made, is committed to or intends to

make to officials of the Client or their family members, agents, brokers or any other

intermediaries in connection with the [B] and the details of services agreed upon for

such payments.

3.7 The [A] will not collude with other parties interested in the [B] to impair the transparency,

fairness and progress of the bidding process, bid evaluation, contracting and

implementation of the [B].

3.8 The [A] will not accept any advantage in exchange for any corrupt practice, unfair

means and illegal activities.

3.9 The [A] shall not use improperly, for purposes of competition or personal gain, or pass

on to others, any information provided by the Client as part of the business relationship,

regarding plans, technical proposals and business details, including information

contained in any electronic data carrier. The [A] also undertakes to exercise due and

adequate care lest any such information is divulged.

3.10 The [A] commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts.

3.11 The [A] shall not instigate or cause to instigate any third person to commit any of the

actions mentioned above.

3.12 If the [A] or any employee of the [A] or any person acting on behalf of the [A], either directly or indirectly, is a relative of any of the officers of the Client, or alternatively, if any relative of an officer of the Client has financial interest/stake in the Bidder’s firm, the same shall be disclosed by the [A] at the time of filing of tender.

The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956.

3.13 The [A] shall not lend to or borrow any money from or enter into any monetary dealing

or transactions, directly or indirectly, with any employee of the Client.

4. Previous Transaction

4.1 The [A] declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify Bidder’s exclusion from the tender process.

4.2 The [A] agrees that if it makes incorrect statement on this subject, [A] can be disqualified

from the tender process or the contract, if already awarded, can be terminated for such

reason.

5. Earnest Money/Security Deposit 5.1 While submitting commercial bid, the [A] shall deposit an amount _____________ (to be

specified in RFP) as Earnest Money/Security Deposit, with the Client through any of the

following instruments: -

i. Bank Draft or a Pay Order in favour of …………………………………..,

ii. A confirmed guarantee by an Indian Nationalized Bank, promising payment of the

guaranteed sum to the Client on demand within three working days without any demur

whatsoever and without seeking any reasons whatsoever. The demand for payment by

the Client shall be treated as conclusive proof for payment.

iii. Any other mode or through any other instrument (to be specified in RFP).



5.2. The Earnest Money/Security Deposit shall be valid upto a period of five years or the

complete conclusion of contractual obligations to the complete satisfaction of both the

Bidder and the Client, including warranty period, whichever is later.

5.3 In the case of successful [A] a clause would also be incorporated in the Article pertaining

to Performance Guarantee in the [B] that the provisions of Sanctions for Violation shall

be applicable for forfeiture of Performance Bond in case of a decision by the Client to

forfeit the same without assigning any reason for imposing sanction for violation of this

pact.

5.4 No interest shall be payable by the Client to the [A] on Earnest Money/Security Deposit

for the period of its currency.

6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the [A] or any one employed by it or acting on

its behalf (whether with or without the knowledge of the [A]) shall entitle the Client to

take all or any one of the following actions, wherever required: -

i. To immediately call off the pre-contract negotiations without assigning any reason or

giving any compensation to the [A]. However, the proceedings with the other Bidder(s)

would continue.

ii. The Earnest Money/Deposit (in pre-contract stage) and/or security Deposit/Performance

Bond (after the [B] is signed) shall stand forfeited fully and the Client shall not be

required to assign any reason therefore.

iii. To immediately cancel the [B], if already signed, without giving any compensation to the

[A].

iv. To recover all sums already paid by the Client, and in case of an Indian [A] with interest

thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India,

while in case of a [A] from a country other than India with interest thereon at 2% higher

than the LIBOR. If any outstanding payment is due to the [A] from the client in

connection with any other [B], such outstanding payment could also be utilized to

recover the aforesaid sum and interest.

v. To encash the advance bank guarantee and performance bond/warranty bond, if

furnished by the [A], in order to recover the payments, already made by the Client, along

with interest.

vi. To cancel all or any other contract with the [A]. The [A] shall be liable to pay

compensation for any loss or damage to the Client resulting from such

cancellation/rescission and the Client shall be entitled to deduct the amount so payable

from the money(s) due to the [A].

vii. To debar the [A] from participating in future bidding processes Government of India for a

minimum period of five years, which may be further extended at the discretion of the

Client.

viii. To recover all sums paid in violation of this Pact by [A](s) to any middleman or agent or

broker with a view to securing the [B] the contract.

ix. In cases where irrevocable Letters of Credit have been received in respect of any [B]

signed by the Client with the [A], the same shall not be opened.

x. Forfeiture of Performance Bond in case of a decision by the Client to forfeit the same

without assigning any reason for imposing sanction for violation of this Pact.

6.2. The Client will entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of

this Pact also on the Commission by the [A] or any one employed by it or acting on its

behalf (whether with or without the knowledge of the [A], of an offence as defined in

chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any



other statute enacted for prevention of corruption.

6.3. The decision of the Client to the effect that a breach of the provisions of this Pact has

been committed by the [A] shall be final and conclusive on the [A], however, the [A] can

approach the independent monitor(s) appointed for the purposes of this Pact.

7. Fall Clause 7.1 The [A] undertakes that it has not supplied/is not supplying the similar product/systems

or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar product /systems or sub-system was supplied by the [A] to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the [A] to the Client, if the [B] has already been concluded.

8. Independent Monitors

8.1 The Client has appointed Independent Monitors (hereinafter referred to as monitors) for

this Pact in consultant with the Central Vigilance Commission ( Name & Address of

Monitors to be given).

8.2 The task of the Monitors shall be to review independently and objectively whether and to

what extent the parties comply with the obligations under this pact.

8.3 The Monitors shall not be subject to instructions by the representative of the parties and

perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the documents

relating to the project/procurement, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this pact, he will

so inform the Authority designated by the CLIENT.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all

Project Documentation of the CLIENT including that provided by the BIDDER. The [A]

will also grant the Monitor, upon his request and demonstration of a valid interest,

unrestricted and unconditional access to his project documentation. The same

applicable to Subcontractors. The Monitor shall be under contractual obligation to treat

the information and documents of the [A] with confidentiality.

8.7 The CLIENT will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitor will submit a written report to the MD/DFCCIL within 8 to 10 weeks from the date of reference or intimation to him by the CLIENT/BIDDER and, should the occasion arise , submit proposals for correcting problematic situations .

9. Facilitation of investigation

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the Client or its agencies shall be entitled to examine all the documents

including the Books of Accounts of the [A] and the [A] shall provide necessary

information and documents in English and shall extend all possible help for the purpose

of such examination.



10. Law and Place of Jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is the

seat of the Client.

11. Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal

action that may follow in accordance with the provisions of the extant law in force

relating to any civil or criminal proceedings.

12. Validity 12.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5

years or the complete execution of the [B] to the satisfaction of both the Client and the

[A] including warranty period, whichever is later. In case [A] is unsuccessful, this

integrity Pact shall expire after six months from the date of the signing of the [B].

12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this

Pact remains valid. In this case, the parties will strive to come to an agreement to their

original intentions.

13. The Parties hereby sign this Integrity Pact at ____________ on_____.

CLIENT Name of the Officer Designation Deptt./Ministry/PSU Witness: 1. ________________________________

2. ________________________________

Note:

BIDDER CHIEF EXECUTIVE OFFICER Witness: 1. ________________________________

2. ________________________________

[A] - To be replaced by Bidder/Seller/Consultancy/Consultancy firm/Service provider as the case was may be.

[B] - To be replaced by Contract/Supply Contract/Consultancy Contract/ Works Contract as the case may be.



ANNEXURE-V

CHECKLIST

Tender No. BRC/EN/VEHICLE HIRING/2017-2018/26/768 NAME OF WORK: Hiring of Three number of commercial vehicle i.e. Innova or SUV type




Name of tenderer: …………………………………………………………………….

Sr. Items Description Reference Ensure the

compliance

1 Tender document fee Section 1 para 2 Yes/No

2 Earnest Money Deposit Section-1 Clause

7.0 Yes/No

3 Qualification requirements for bidders Section-5 Clause

9.0 Yes/No

4 Copy of Partnership deed or Article

of Association or ownership certificate Section-3 Clause

3.12 Yes/No

5 Brief details of the bidder Annexure I Yes/No

6 Forwarding letter by tenderer Page 3 Yes/No

7 Authorization letter in favor of person

signing the bid documents Section-3 Clause

3.12.1 Yes/No

8 Pre-Contract Integrity Pact Annexure IV Yes/No

9 Check-list Annexure V Yes/No